Deputy Premier Bryan Green last week gave himself the power to streamline approval for marine farms to expand. Environment groups say this move has serious ramifications for the whole of Tasmania including potential impacts on public health (from anti-fouling agents and antibiotic use). This letter is going out to all Members of both Houses of Parliament today and cc’d to the Integrity Commission. We are urging as many people as possible to write to their MPs regarding the integrity of the process of amending the legislation. The amendments effected by the Marine Farming Planning Amendment Act 2011 removed the power of the Marine Farming Planning Review Panel to refuse a draft amendment to a Marine Farming Development Plan, and gave the Minister the ultimate decision in respect of proposed amendments. There are overtones of the controversial Pulp Mill Assessment Act in this legislation.
Below is a pro-forma letter to MPs.
Dear … ,
The Tasmanian Aquaculture Reform Alliance Inc ((TARA) is a community group formed in part to advocate for independent environmental and social impact assessment, ongoing independent monitoring of the aquaculture industry and public access to data.
We are writing to express our concerns regarding:
1. Recent amendments to the Marine Farming Planning Act 1995;
2. The comment period in respect of the Macquarie Harbor Proposal;
3. Integrity issues relating to the amendment process, which we will be pursuing with the Tasmanian Integrity Commission.
Amendments to the Marine Farming Planning Act 1995
The amendments to the Marine Farming Planning Act 1995 effected by the Marine Farming Planning Amendment Act 2011 removed the power of the Marine Farming Planning Review Panel to refuse a draft amendment to a Marine Farming Development Plan. Instead, the Minister has been given the ultimate decision making power in respect of proposed amendments.
The Marine Farming Planning Review Panel (the Panel) is an independent panel comprised of eight individuals with expertise in a range of disciplines relevant to marine farming. Under the Marine Farming Planning Act 1995, the Panel is responsible for assessing amendments proposed to allow expansion, relocation or other changes to marine farming activities. The Panel is required to take into account public submissions, the recommendations of the Marine Farming Branch and the sustainable development objectives of the legislation. Therefore, the Panel is currently the body best placed to make decisions in relation to proposed amendments to marine farming development plans.
In March 2011, the Panel exercised its powers to refuse proposed amendments which would have allowed Tassal to expand its operations at Soldiers Point in the D’Entrecasteaux Channel (the Soldiers Point decision). Having regard to all the evidence, the Panel considered that the projected economic benefits of the proposed expansion did not outweigh the adverse impacts of the proposal on a fragile reef system.
Referring to this decision in parliament on 17 May 2011, the Premier stated:
This is the first instance of the panel rejecting a draft amendment according to section 41(2)(b) of the Marine Farming Planning Act 1995. This development would have allowed eight more stocked cages at the farm, which would have enabled better fish health management practices and more investment. It is disappointing that it did not go ahead but there is a planning system in place. It has gone through the planning system and that independent expert panel has brought down its deliberations on this matter. (emphasis added)
Despite this apparent faith in the established planning process, in his second reading speech for the Marine Farming Planning Amendment Bill 2011 (the Bill), Minister Green made it clear that the amendments respond directly to the Soldiers Point decision. The Minister repeated those comments on 730 Tasmania on 25 November 2011. The amendments are clearly intended to allow decisions regarding aquaculture development to be determined on the basis of politics rather than science.
There remains no right of appeal to the Resource Management and Planning Appeal Tribunal against decisions in relation to marine farming development plans (other than for affected lessees), and the Minister is not explicitly required to have regard to public comments or the recommendations of the Panel. This is contrary to the objectives of the Resource Management and Planning System.
We acknowledge the amendments to the Bill introduced by Ruth Forrest MLC requiring the Minister to table reasons for his decision when that decision is contrary to a recommendation of the Panel. While this amendment marginally improved the Bill, it did not address our fundamental concern that the Minister may make a contrary decision without scientific justification.
We urge you to advocate for further changes to the Marine Farming Planning Act 1995 to ensure that there are adequate scientific safeguards and rights of appeal to the Tribunal.
Macquarie Harbor Proposal
The draft amendment and supporting EIS material for the proposed 360ha expansion of lease areas under the Macquarie Harbour Marine Farming Development Plan 2005 was released for public comment on 11 November 2011. The EIS is over 500 pages long and involves a lot a technical data.
Despite the length of the EIS, the public have been given only until 22 December 2011 to make comments on the proposed amendment. Given the importance of effective public participation, it is critical that the public are given ample opportunity to review, critique and make comment on the EIS documentation. Recognising that the lead up to the Christmas break is generally a very busy time for most people, additional time must be given to enable people to make comprehensive and constructive comments on the EIS.
We urge you to lobby the Minister to extend the public comment period until the end of January 2012.
Integrity issues
In addition to our concerns about the effect of the Marine Farming Planning Amendment Act 2011, we consider that the introduction of the amendments raises questions regarding the propriety of the government agency promoting the changes.
The Marine Farming Planning Act 1995 is explicitly intended to facilitate marine farming, and the fact that the Soldiers Point decision is the first time the Panel has refused an expansion proposal since the commencement of the Act shows that industry stakeholders are not disadvantaged by the legislation. The government agency responsible for monitoring and regulating marine farming remains responsible for promotion of the industry, and the Panel is comprised primarily of industry representatives.
Despite the lack of restrictions in the existing legislation, the government has now pushed through amendments to provide even greater “certainty” to industry regarding the outcome of marine farming proposals. TARA is extremely concerned about the propriety of government actions since the Soldiers Point decision, and intends to seek advice about whether to refer the matter to the Integrity Commission. In particular, we note:
• The contract of one of the Panel members responsible for the Soldiers Point decision, Dr Lois Koehnken, a scientist with considerable ecological experience, has not been renewed;
• Long before the environmental impact statement was released, the Minister and the Premier began making public comments regarding the significance of the aquaculture industry and the benefits that will result from the proposed Macquarie Harbour expansion;
• The amendments were pushed through quickly, and without consultation, within days of the release of the EIS for the Macquarie Harbour proposal.
Tasmania’s reputation is not well served by amending the legislation governing marine farming immediately after the announcement of a proposal for the most significant expansion of fish farming in recent history. Giving the Minister responsible for promoting fish farming, who has already indicated support for the project, the power to override Panel recommendations will erode community confidence that an objective assessment of the proposal will be made.
In summary, TARA is concerned about the impact of the recent amendments to the Marine Farming Act 1995 and the process by which the amendments were introduced. We request that you:
• Advocate for further changes to ensure that the Marine Farming Planning Act 1995 provides appropriate scientific safeguards and rights of appeal to the Tribunal for all parties against decisions relating to marine farming development plans;
• Urge the Minister to extend the public comment period in respect of the Macquarie Harbour proposal; and
• Make enquiries regarding the integrity issues we have raised.
Please advise us in writing of any action that you take in response to these requests.
Yours sincerely,
Christine Materia
Chairperson
TARA Inc
cc. Tasmanian Integrity Commission
Download, the bill:
Marine_Farming_Planning_Amendment_Bill_(75_of_2011).pdf
Download, MLCs’ contact list:
Legislative_Council_contact_list_2011.pdf
Download, MHAs’ contact list:
HALists.pdf
Last week on Tasmanian Times: Stop delaying marine reserves. Green overrides experts
